Validity and Enforceability Measures

Scores derived from the company’s portfolio and the portfolios of other comparison patents (each from specific assignees) are ranked between zero and the maximal value on any one axis of a radar diagram.

There are times when the average value is quite low compared to the maximal, and other times when it is quite high. The company’s portfolio can easily be compared to the average of all portfolios by displaying it as a dark red line with white dots, as seen in the figure.

To easily spot exceptional performance, the statistical limit for exceptional (two standard deviation) performance is shown as a light orange area. Likewise, the average value of all assignees scores is shown in the diagram by the dark orange area.

For example, the litigation frequency, re-examination frequency, and the opposition frequency of the source portfolio are truly exceptional when compared to those of other assignees. During any negotiation, these “battle-tested” elements are the points upon which a skilled negotiator could build value.